38.6.202    GAS ENERGY WASTE CURTAILMENT; ORDER TO SHOW CAUSE

(1) A public utility customer who does not file an emergency conservation plan by the due date or any such customer whose plan is not sufficient on the due date, or one that is not meeting conservation goals will face a gas energy waste service curtailment equivalent to ten (10) percent of the total natural gas delivered to that customer during the month, twelve months prior to the month, in which the violation occurred for each month its energy plan or compliance therewith is insufficient. The curtailments shall be monthly and shall begin the month after the findings of insufficiency.

(2) Each month after a finding of insufficiency, the utility serving a customer with an insufficient plan shall curtail the gas supplied to that customer according to the procedure expressed above. The waste curtailment will be assessed only after a hearing, conducted under the Montana Administrative Procedure Act contested case provisions, to determine what efforts have been made toward constructing or complying with an acceptable plan.

(3) If it is found that the utility is not assisting the customer in a sufficient good-faith manner to comply with this order, the utility will be issued an order to show cause why it is not complying with this order.

History: Sec. 69-3-103, MCA; IMP, Secs. 69-3-102, 69-3-203, 69-3-108, 69-3-306 and 69-3-106, MCA; EMERG. , NEW, Eff. 1/3/76.